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TJ, Esq., Attorney

Category: Family Law

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Im in MI, I would like to file for legal separation. I want

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I'm in MI, I would like to file for legal separation. I want to do this due to the fact that I need medical insurance for an existing mental condition and because I'm Roman Catholic which does not allow divorce. Would a separation be granted in such a case? I cannot stand being around my husband. He is the sole provider, I'm a stay at home mom and have not worked for over 10 years. Is there any way to have the marriage annulled? And if so, what are the consequences for me and my children? I'm a naturalized citizen but am Polish and South African. What if I claim that I got married for a green card? Do I keep my kids or do I get deported and they stay here?Should I rather remain here? If so will I have dual custody in case of separation? My husband keeps threatening to take my kids away because I see a psychiatrist for anxiety and depression and he says they don't give kids to crazy people. Can he do this? Yes I see a psychiatrist but my medication has my anxiety under control!!

I don't want to loose my children!But I refuse to be with my husband. My husband is on the CPS central registry for abuse and intent to abuse. Because of this can I be legal guardian?

Q: I'm in MI, I would like to file for legal separation. I want to do this due to the fact that I need medical insurance for an existing mental condition and because I'm Roman Catholic which does not allow divorce. Would a separation be granted in such a case?A: Yes, the two reasons that you mentioned are the two primary reasons that people seek legal separations (i.e., to retain a spouse's benefits, and because of religious reasons).

Q: Is there any way to have the marriage annulled? And if so, what are the consequences for me and my children?A: No, unfortunately that would not likely be allowed in your case (though please note that I'm making an assumption, as you'll see). An annulment is allowed when the marriage is invalid for some reason. For example, if you married your husband while you were underage, then the marriage is technically invalid. You could get an annulment. Another example would be if the person performing the marriage was not authorized. As you can see, annulments are generally allowed when there is some legal deficiency in the marriage.

Q: What if I claim that I got married for a green card? Do I keep my kids or do I get deported and they stay here?A: If there was evidence to support that claim, then an annulment may be possible since the marriage would have been a fraud. On the other hand, the fact that you've stayed together for 10 years and have children seems to refute that claim. But assuming that you did successfully show the marriage was a fraud and you were deported, your children would almost certainly stay here. They are American citizens, and this is their home. A judge would likely find that it would be in the children's best interests not to disrupt their lives as would occur if they were to move out of the country.

Q: Should I rather remain here? If so will I have dual custody in case of separation? My husband keeps threatening to take my kids away because I see a psychiatrist for anxiety and depression and he says they don't give kids to crazy people. Can he do this? Yes I see a psychiatrist but my medication has my anxiety under control!!A: Based on what you wrote, it sounds like you're the primary caregiver. If so (and assuming that your children are still relatively young -- i.e., not teenagers), then you would almost certainly have primary physical custody. The fact that you see a psychiatrist and have anxiety and depression would not likely be enough to deprive your children of their mother and primary caregiver. The main issue is what would be best for your children, and unless you're considered an unfit parent (which is unlikely, unless you are abusive or neglectful), then I don't see the judge taking the kids away. If anything, the fact that you see a psychiatrist shows that you are serious about making yourself well so that the anxiety and depression do not control your life.

Q: My husband is on the CPS central registry for abuse and intent to abuse. Because of this can I be legal guardian?A: That certainly works in your favor in a custody dispute. It seems unlikely that your husband would be granted primary custody, and depending on the circumstances of the abuse, a judge may not grant him more than supervised visitation.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

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If I decide to go with divorce, do I loose my medical care benefits? I need to continue psychiatric visits and it would be costly to pay out if pocket! Insurers would not insure a person who is not working. I have 5 kids, can't go to work but need my medication monthly.

In a divorce, the fact that my husband is on the CPS central registry would this guarantee me primary custody? He hates me and wants to take kids away from me claiming I'm insane cause I see a shrink.

Q: If I decide to go with divorce, do I loose my medical care benefits?A: Most likely, the answer is yes. It would ultimately depend on whether your husband's employer would allow you to continue to receive insurance, and, if so, whether your husband agrees to continue the insurance. I would doubt the answer to either is yes.

Q: the fact that my husband is on the CPS central registry would this guarantee me primary custody?A: No, there are no guarantees. But based on what you wrote earlier, I think that it is most likely going to be the case that you are given primary custody.

The fact that you see a psychiatrist can be considered a factor when determining alimony. Alimony is decided based upon a multitude of factors, including whether you are able to support yourself. If you have high medical expenses that you cannot pay for yourself, then the alimony may be raised accordingly.

More than likely, the custody order will require you to stay in Michigan. From the court's perspective, the most important thing are the children, and it is important for children to have both parents in their lives. Moving to another state would likely put a strain on the children's relationship with their father, so that would not generally be allowed unless the father consents.

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